Welcome to our Website. If you continue to browse and use this Website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern the asian cookshop™ relationship with you in relation to this Website.

The term "the asian cookshop™" or "us" or "we" refers to the owner of the Website whose registered office in England is the asian cookshop™, 28 Fairfield Rd, Braintree, Essex, CM7 3HF. Company Registration No: 7444063. VAT Registration No: 893820392. The term "you" or ''customer'' refers to the user or viewer of our Website.

1) The use of this Website is subject to the following terms of use:

a) The content of the pages of this Website is for your general information and use only. It is subject to change without notice.

b) Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. Product images are for illustration only and may defer from the actual sale product due to reasons out of our control (e.g.. manufacturers packaging changing.) Manufacturers may also alter product names, descriptions and ingredients without prior warning. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

c) Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.

d) This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

e) All trademarks reproduced in this Website, which are not the property of, or licensed to the operator, are acknowledged on the Website.

f) Unauthorised use of this Website may give to a claim for damages and/or be a criminal offence.

g) From time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the Website/s. We have no responsibility for the content of the linked Website/s.

h) You may not create a link to this Website from another Website or document without the asian cookshop™'s prior written consent.

i) Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of England and Wales.

j) We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

2) Website disclaimer

a) The information contained in this Website is for general information purposes only. The information is provided by "the asian cookshop™" and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

b) In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this Website.

c) Through this Website you are able to link to other websites which are not under the control of "the asian cookshop™" . We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

d) Every effort is made to keep the Website up and running smoothly. However, "the asian cookshop™" takes no responsibility for and will not be liable for the Website being temporarily unavailable due to technical issues beyond our control.

3) Ordering from us

a) You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.

b) Our acceptance of an order takes place when we despatch the order. When we despatch the order the purchase contract will be made. All items ordered are thoroughly checked for any damage before posting. No damaged goods are posted.

c) We reserve the right to cancel or refuse an order without reason including:
(i) where goods are not available;
(ii) where we cannot obtain authorisation for your payment;
(iii) if there has been a pricing or product description error; or if you do not meet any eligibility criteria set out in our terms and conditions.

Any offers are at the discretion of our management and may be withdrawn without notice, offers cannot be used in conjunction with any other offer including free or discounted delivery offers unless stated.

4) Delivery And Handling

a]
[i] As with most mail order firms we can not guarantee the service provided by the couriers we use for delivery.
[ii] It is compulsory for the customer to ensure there will be someone available to take delivery at the shipping address provided, as a signature may be required to confirm delivery.
[iii] The customer acknowledges that the courier can deliver to a neighbour when no one is available at the delivery address or leave safe, without prior consent. In all cases if a third party signs for delivery or it is left safe, the customer is still liable and covered by these t&c.

b]
[i] All parcels are sent on a trackable service and there may be instances where the customer will be required to enquire direct with couriers in order to resolve delivery issues and/or collect from a depot themselves.
[ii] We cannot be held responsible for failed or delayed delivery if the address you give us is incorrect, incomplete or has unclear information.

c]
[i] Non Delivery/Misdelivery: If you have not received your order after 10 days, you must email us to raise an investigation. Couriers restrict the time available to raise a claim and so we are unable to proceed with such a claim after this.
[ii] Once your order leaves us, we are unable to cancel, change the address or redirect orders without incurring charges, which you will be liable for.

d] Deliveries to Europe:

For orders outside of mainland UK there are flat rate prices stated on the delivery prices page, these will be shown at checkout under 'delivery' and are limited to 27kg per parcel.

Customs Charges: When ordering goods from us for delivery overseas, you may be subject to import duties and taxes which are levied once the package reaches your country. Any required contact & additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies/restrictions vary widely from country to country, so you should contact your local customs office for further information, the customer is liable for orders held or destroyed by customs in such cases. Additionally, please note that when ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.

e] Orders over 27kg: The maximum order weight we can ship is 27 kg per parcel. For orders over this please place your order and complete checkout, we will then email you our best quote for delivery. Your order will not be processed until we receive your confirmation.

f] Shipping charges are calculated depending on the delivery destination. These charges are visible to you when you proceed to the Checkout and before you finalise the order transaction (up to 27 kgs, see above).

g] As checkout is an automated process there may unfortunately be errors in the delivery cost to some areas. Please place your order and complete checkout, if there is an error we will email you our best quote for delivery. Your order will not be processed until we receive your confirmation.

Be assured that we have taken every care to ensure that we have sourced the most equitable shipping costs.

h] Schedule:

Our warehouse operates Monday to Friday (excluding public holidays). Any other closed or holiday periods will be confirmed on the home page. We will try to despatch your order either the same working day or the next working day. Despatch can take longer during busier periods.

Delivery can take between 1 - 5 working days after despatch and will be delivered between 7.30am and 9pm, depending on destination and method of delivery. European orders may take longer for delivery.

If you have any queries with your order, please contact us at sales@theasiancookshop.co.uk

5) Pricing

a) All prices are inclusive of VAT at the current rates and are correct at the time of entering the information onto this Website. Where VAT is charged on delivery it is also included in the Price shown.

b) Where we charge separately for carriage and insurance and other relevant charges, we will show separately either at checkout under 'delivery' or on the delivery prices page.

c) Our prices are reviewed periodically, but all prices shown are subject to change. Any changes to an item already ordered will be notified via email and not processed until confirmed.

d) All payment of surcharges are non-negotiable.

6) Cancellation, Damaged Goods & Returns Policy

In the unlikely event that an order is lost, damaged, delayed or faulty we will not be able to cover for any damages or losses beyond that of replacing the damaged good.

If for any reason you are not entirely happy with your order:

(a) you can notify us by email before we have dispatched the goods to you; or

(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause (c) below.

When the courier arrives, the customer should try and check all contents before signing for it. If possible you should open and inspect the contents, if necessary, keep the courier waiting. We understand this may not always be possible and so in all cases the minimum requirement is that customers must check the outer parcel does not show any signs of being opened/tampered with/untaped or is leaking/damaged before signing and accepting the parcel.

If there is any sign that the parcel has been opened/tampered with/untaped or is damaged/leaking, the delivery must be refused and signed 'refused/damaged'. It will then return back to us and we can raise a claim for you and send out a replacement order. Failure to follow this important initial check will nullify any claim later for damages or missing items. 'Unchecked' will not be accepted as a valid status.

(c) Returns Policy:

[i] Incorrect or Missing Goods - If after accepting the parcel, you check and find you have received incorrect or missing goods, we must be notified immediately or within 24 hours of delivery to validate any claim.

[ii] Damaged/Faulty Goods - If after accepting the parcel, you check and find you have received damaged or faulty goods, we must be notified immediately or within 24 hours of delivery to validate any claim. This is deemed reasonable time for you to accept the goods delivered.

Place any damaged goods in a safe place with the original packaging as we will need to inspect the damage. If we cannot examine the goods we will not be able to process a claim. We will require pictures clearly showcasing the extent of any damage via email or post.

For incorrect, faulty or damaged goods, we will reimburse the cost of you posting the goods back to us only if the cost has been agreed with our Sales Department via email first and after the managements inspection. We strongly advise that you use a recorded delivery service. If a recorded delivery service is not used and the goods do not reach us, we cannot be held responsible and a claim cannot be processed. Refunds can be in the form of a credit or made to the card used for payment.

[iii] Where goods are returned to us by courier due to non delivery:

If the customer did not arrange a redelivery or collection from depot, we will treat this the same as customers returning goods as unwanted/mind changed [see below] and so in accordance with the consumer contracts regulation we will provide a full refund, but charge you for the direct cost incurred of return delivery.
If non delivery occurs due to customer error e.g. the customer entered incorrect shipping details, we will refund for the cost of goods only and charge you for the direct cost incurred of return delivery. In the case of free delivery, a deduction for the exact initial 'sent' delivery charge will also be deducted from this refund.

[iv] Exceptions - Unfortunately not all products are manufactured in 'transit safe' packaging. With the huge increase of online shopping, product manufacturers are becoming more aware of the need for suitable packaging that will withstand courier delivery. As such we have to exclude some specific transit damage as listed here from claims and these items are ordered at the customers risk.

- 'pop-up' jar lids - only a few manufacturers still use these as they are not suitable for courier transit. The lids can easily 'pop' if the jar is turned upside down, which can obviously happen during transit where the parcel is not guaranteed to be kept upright. We check all lids are secure before packing and never despatch already 'popped' lids. If you want to check before ordering, please email us and we can check the type of lid for you.

- tin can goods - these cause problems for all online shops! Please check that the contents are undamaged before signing for delivery, dents can occur but if you deem the damage 'excessive' you must not accept delivery and sign 'damaged' when asked. We will not despatch dented tins/cans and pack securely to reduce risk.

- perishables [fresh food] items - All perishable items are ordered at customers own risk, as perishables are not generally suitable for courier delivery. Although steps are taken to maintain quality, transit and weather can affect the condition goods will be received in and by placing your order you accept this risk on quality received.

[v] Best Before End [BBE] Dates - Most items stocked have lengthy BBE dates of many months but this may not always be the case. Certain products either by nature or slow stock can have shorter BBE dates. In such rare cases we still allow for a minimum of 12 days BBE from the date of despatch. It is the customers responsibility to enquire before ordering if you require longer BBE dates.

[vi] Weighted Fresh (perishable) Items - please note that all fresh items sold by weight are approximate, please allow a 10g allowance either way per portion.

[vii] Mind Changed:

In accordance with the consumer contracts regulations, If you have changed your mind or feel the goods are unsuitable, you can cancel from the moment you place your order, until 14 days from the day delivery was made. We will issue a full refund within 14 days of getting the goods back. This refund will include the basic delivery cost of getting the goods to you in the first place. If you opted for an enhanced service e.g. express 1-2 day, Saturday or nextday by 12, we will only refund the basic cost.

The customer must bear the cost of returning the goods to us.

We strongly advise that you use a recorded delivery service and pack the goods securely to avoid damage in transit. If a recorded delivery service is not used and the goods do not reach us or are damaged in transit, we cannot be held responsible. If we agree to collect the goods from you, then we reserve the right to charge you for the direct cost incurred for the recovery.

You must take reasonable care of goods to be returned and return them to us within 14 days of notification. Goods should be returned still in a new, unopened and unused condition, in original packaging.

A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary. The extent to which a customer can handle the goods is deemed the same as it would be if you were assessing them instore.

Returns Procedure:
Please follow the below procedure to return goods to us:
- Print out and fill in our returns note.
- Please provide a full description of the reason for return in the space provided.
- Securely pack the unopened and unused item in its original packaging [with all tags and labels etc].
- Send the package with the completed Returns Note to: the asian cookshop™, 28 Fairfield Rd, Braintree, Essex, CM7 3HF

d) The rights to return the goods to us as referred to in clause (c) above will not apply in the following circumstances:

(i) in the event that the product has been used or opened.

(ii) to any products that we have custom made specifically for you, this includes U Cook curry kits & gift boxes.

(iii) to any products we deem perishable, this includes fresh food, frozen & chilled food. These are ordered at the customers own risk.

In all cases, refunds can only be made to the card used for placing the order and we reserve the right for the managements opinion on whether you qualify for a claim.

The provisions of this clause do not affect your statutory rights.

7) Privacy Policy

This privacy policy sets out how "the asian cookshop™" uses and protects any information that you give "the asian cookshop™" when you use this Website.
"the asian cookshop™" is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this Website, then you can be assured that it will only be used in accordance with this privacy statement.

"the asian cookshop™" may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 01.01.06.

a) What we collect:
We may collect the following information:
-name and job title
-contact information including email address
-demographic information such as post code, preferences and interests
-other information relevant to customer surveys and/or offers

b) What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
-Internal record keeping.
-We may use the information to improve our products and services.

c) We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.

d) We may use the information to customise the Website according to your interests.

8) Security

Our Payment Service Provider is Sage Pay (formerly Protx) – the largest independent payment service provider (PSP) in the UK and Ireland. Sage Pay provides a secure payment gateway (Level 1 PCI DSS), processing payments for thousands of online businesses, including ours. It is Sage Pay’s utmost priority to ensure that transaction data is handled in a safe and secure way.

Sage Pay uses a range secure methods such as fraud screening, I.P address blocking and 3D secure. Once on the Sage Pay systems, all sensitive data is secured using the same internationally recognised 256-bit encryption standards.

Sage Pay is PCI DSS (Payment Card Industry Data Security Standard) compliant to the highest level and maintains regular security audits. They are also regularly audited by the banks and banking authorities to ensure that their systems are impenetrable.

Sage Pay is an active member of the PCI Security Standards Council (PCI SSC) that defines card industry global regulation.

In addition, you know that your session is in a secure encrypted environment when you see https:// in the web address, and/or when you see the locked padlock symbol alongside the URL.

So when buying through our site, you can be sure that you are completely protected.

More information about shopping securely with Sage Pay can be found at www.sagepay.com/shoppers

a) We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

b) How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our Website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better Website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Website.

Our Website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other Website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the Website in question.

d) Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

-whenever you are asked to fill in a form on the Website, look to see if there is a box that you can tick to indicate that you do not want the information to be used by anybody for direct marketing purposes.

-if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at customerservices@theasiancookshop.co.uk

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to 28 Fairfield rd, Braintree, Essex. cm7 3hf.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

- you may print or download to a local hard disk extracts for your personal and non-commercial use only.

- you may copy the content to individual third parties for their personal use, but only if you acknowledge the Website as the source of the material.

- you may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other Website or other form of electronic retrieval system.

10) Email Disclaimer

Email's and its attachments may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily represent those of "the asian cookshop™".

If you are not the intended recipient of this email and its attachments, you must take no action based upon them, nor must you copy or show them to anyone.

Please contact the sender if you believe you have received this email in error.